Case: Ayers v. Perry

1:02-cv-01438 | U.S. District Court for the District of New Mexico

Filed Date: 2002

Closed Date: 2003

Clearinghouse coding complete

Case Summary

In October 2002, prisoners confined at the Special Controls Facilities within the New Mexico State penal system filed a Section 1983 class action suit in the District of New Mexico against officials of the New Mexico Department of Corrections. Represented by the ACLU National Prison Project and other counsel, plaintiffs alleged that defendants did not provide adequate mental health care, used excessive force, and discouraged the filing of grievances. Plaintiffs also alleged that defendants' a…

In October 2002, prisoners confined at the Special Controls Facilities within the New Mexico State penal system filed a Section 1983 class action suit in the District of New Mexico against officials of the New Mexico Department of Corrections. Represented by the ACLU National Prison Project and other counsel, plaintiffs alleged that defendants did not provide adequate mental health care, used excessive force, and discouraged the filing of grievances. Plaintiffs also alleged that defendants' actions constituted violations of the Americans with Disabilities and Rehabilitation Acts. Just after the complaint was filed, the court consolidated a non-class action raising similar issues with this case. See Sandoval v. Lopez (PC-NM-0004).

On May 20, 2003, the parties entered into a settlement agreement. The agreement provided for expanded and improved mental health care, mental health screening, establishment of neuropsychological testing protocols, continued care for inmates released from the mental health unit, provision of addiction services, provision of paralegals to inmates, unrestricted phone calls from attorneys, staff training, inmate witnesses in disciplinary hearings, protocols for restoration of good time, education and programming, increased number of inmate beds, visitation, recreation, personal property allowances, mail, religious items, and classification procedures.

In June 2003, the District Court (Judge Bruce D. Black) granted plaintiffs' unopposed motion for dismissal with prejudice. The order for dismissal resolved all of the plaintiffs' claims, in both this and a related state court case. (D-0101-cv-100202294). (Subsequently, there was additional litigation in Sandoval, PC-NM-004, described in that case's litigation summary.)

Summary Authors

Kristen Sagar (10/20/2007)

Related Cases

Sandoval v. Lopez, District of New Mexico (2002)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5152657/parties/ayers-v-perry/


Judge(s)

Black, Bruce D. (New Mexico)

Schneider, W. Daniel (New Mexico)

Attorneys(s) for Plaintiff

Cooper, Sophie (New Mexico)

Cubra, Peter (New Mexico)

Davis, Philip B. (New Mexico)

Donatelli, Mark H. (New Mexico)

Fathi, David Cyrus (District of Columbia)

Kronen, Lawrence (New Mexico)

Macy, Edwin (New Mexico)

Yee, Jane (New Mexico)

Judge(s)

Black, Bruce D. (New Mexico)

Schneider, W. Daniel (New Mexico)

Attorneys(s) for Plaintiff

Cooper, Sophie (New Mexico)

Cubra, Peter (New Mexico)

Davis, Philip B. (New Mexico)

Donatelli, Mark H. (New Mexico)

Fathi, David Cyrus (District of Columbia)

Kronen, Lawrence (New Mexico)

Macy, Edwin (New Mexico)

Yee, Jane (New Mexico)

Attorneys(s) for Defendant

Booms, Robert Tabor (New Mexico)

Documents in the Clearinghouse

Document

Docket (PACER)

June 20, 2003 Docket

Complaint for Class Based Declaratory and Injunctive Relief and for Individual Compensatory and Punitive Damages

Nov. 2, 2002 Complaint

Letter Agreement

May 20, 2003 Settlement Agreement
30

Order for Dismissal with Prejudice

June 20, 2003 Order/Opinion

Resources

Title Description External URL

The Most Restrictive Alternative: The Origins, Functions, Control, and Ethical Implications of the Supermax Prison, 1976 - 2010

Keramet Reiter

This dissertation examines the birth of the supermax in Arizona and California, and the spread of the institutional innovation across the United States. The research presented here draws on three maj… Jan. 1, 2012

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5152657/ayers-v-perry/

Last updated May 12, 2022, 8 p.m.

ECF Number Description Date Link
1

NOTICE OF REMOVAL from 1st Judicial District Court Case Number: 1:02:CV:2294 w/state court complaint (referred to Chief Magistrate William Deaton) (mlk) (Entered: 11/18/2002)

Nov. 14, 2002 PACER

FILING FEE PAID: on 11/14/02 in the amount of $150.00, receipt #: 45486. (mlk)

Nov. 14, 2002 PACER

TRANSMITTAL of State Court documents (complaint & summons) (bap)

Nov. 15, 2002 PACER
2

ANSWER by defts to complaint [1-1] (bap) (Entered: 11/26/2002)

Nov. 25, 2002 PACER
3

INITIAL SCHEDULING ORDER by Chief Magistrate Judge William Deaton Rule 16 scheduling conference set on 2/11/03 @ 10:00 am; provisional discovery plan & IPTR due 2/3/03 (cc: all counsel*) (bap) (Entered: 12/18/2002)

Dec. 17, 2002 PACER
4

MOTION by pltfs to consolidate case CIV 02-1438 BB/WWD with CIV 02-170 MV/LFG (mjr) (Entered: 12/23/2002)

Dec. 20, 2002 PACER
5

MEMORANDUM by pltf in support of motion to consolidate case CIV 02-1438 BB/WWD with CIV 02-170 MV/LFG [4-1] (mjr) (Entered: 12/23/2002)

Dec. 20, 2002 PACER
6

MOTION by defts Robert Perry, John Shanks, Ron Guillemette & James Lopez to dismiss compensatory damages claims for failure to allege a physical injury & consequently for failure to state a claim (dmw) (Entered: 12/26/2002)

Dec. 20, 2002 PACER
7

MEMORANDUM by defts Robert Perry, John Shanks, Ron Guillemette & James Lopez in support of motion to dismiss compensatory damages claims for failure to allege a physical injury & consequently for failure to state a claim [6-1] (dmw) (Entered: 12/26/2002)

Dec. 20, 2002 PACER
8

MOTION by defts for protective order re discovery communication (bap) Modified on 01/03/2003 (Entered: 01/03/2003)

Jan. 2, 2003 PACER
9

MEMORANDUM by defts in support of motion for protective order re discovery communication [8-1] (bap) (Entered: 01/03/2003)

Jan. 2, 2003 PACER
10

UNOPPOSED MOTION for Extension of time by pltfs until 3/1/03 in which to respond to defts' motion for protective order re discovery communication [8-1] (bap) (Entered: 01/16/2003)

Jan. 15, 2003 PACER
11

UNOPPOSED MOTION for Extension of time by pltfs until 3/1/03 in which to respond to defts' motion to dismiss compensatory damages claims [6-1] (bap) (Entered: 01/16/2003)

Jan. 15, 2003 PACER
12

UNOPPOSED MOTION for Extension of time by defts until 3/1/03 in which to respond pltfs' motion to consolidate case CIV 02-1438 BB/WWD with CIV 02-170 MV/LFG [4-1] (bap) (Entered: 01/16/2003)

Jan. 15, 2003 PACER
13

ORDER by Chief Magistrate Judge Deaton Rule 16 scheduling conference vacated and that counsel shall report in writing by 2/28/03 as to the progress of settlement (cc: all counsel*) (bap) (Entered: 01/21/2003)

Jan. 17, 2003 PACER
14

ORDER by Chief Magistrate Judge Deaton granting defts' unopposed motion to extend due date for response to plft's mtn to consolidate action until 3/1/03 [12-1] (cc: all counsel) (bap) (Entered: 01/21/2003)

Jan. 21, 2003 PACER
15

ORDER by District Judge Bruce D. Black granting pltfs' unopposed motion for extension of time until 3/1/03 to respond to defts' motion to dismiss compensatory damages claims [11-1] (cc: all counsel) (bap) (Entered: 01/21/2003)

Jan. 21, 2003 PACER
16

ORDER by Chief Magistrate Judge Deaton granting pltfs' unopposed motion for an extension of time until 3/1/03 to respond to defts' motion for protective order [10-1] (cc: all counsel) (bap) (Entered: 01/21/2003)

Jan. 21, 2003 PACER
17

UNOPPOSED MOTION by defts to substitute party deft Joseph R. Williams for James Burleson (bap) (Entered: 02/14/2003)

Feb. 14, 2003 PACER
18

ORDER by District Judge Bruce D. Black granting defts' unopposed motion to substitute party deft Joseph R. Williams for James Burleson [17-1] terminating as to deft James Burleson substituting deft Joseph R Williams (cc: all counsel) (bap) (Entered: 02/19/2003)

Feb. 18, 2003 PACER
19

ORDER by Chief Magistrate Judge Deaton extending deadline for filing responses to any pending mtns until 4/15/03 and that on 4/1/03 @ 8:30 am, counsel shall arrange a conference call to Magistrate Judge Svet (cc: all counsel*) (bap) (Entered: 02/27/2003)

Feb. 27, 2003 PACER
20

MINUTE ORDER: Case reassigned from Magistrate Judge Deaton to Magistrate Judge W. D. Schneider for discovery purposes (cc: all counsel*) (pr) (Entered: 03/17/2003)

March 14, 2003 PACER
21

MEMORANDUM, OPINION, AND ORDER: by Chief Magistrate Judge Lorenzo F. Garcia granting pltfs' motion to consolidate case CIV 02-1438 BB/WWD with CIV 02-170 MV/LFG [4-1] Lead Case 1:02-cv-1438 with member case 1:02-cv-170 for all purposes (cc: all counsel*) (bap) (Entered: 03/19/2003)

March 18, 2003 RECAP
22

MOTION and affidavit in support of by movant Jesse L. Garcia for order to waive copy fee in this case (bap) (Entered: 03/25/2003)

March 24, 2003 PACER
23

ORDER by District Judge Bruce D. Black denying motion for order to waive copy fee in this case [22-1] (cc: all counsel) (ln) (Entered: 04/11/2003)

April 11, 2003 PACER
24

ORDER by Magistrate Judge W. D. Schneider; parties to file joint status report on 5/6/03 (cc: all counsel) (vv) (Entered: 04/11/2003)

April 11, 2003 PACER
26

ORDER by Magistrate Judge W. Daniel Schneider pursuant to parties stipulation [25-1] a joint status report will be filed 6/6/03 and, if the case does not settle, the deadlines for responses on pending mtns will be 6/20/03 (cc: all counsel) (bap) (Entered: 05/13/2003)

May 12, 2003 PACER
27

UNOPPOSED MOTION by pltfs for appointment of Denise Sandoval as guardian ad litem for Anthony Sandoval (bap) (Entered: 05/19/2003)

May 16, 2003 PACER
28

ORDER by District Judge Bruce D. Black granting pltfs' motion for appointment of Denise Sandoval as guardian ad litem for Anthony Sandoval [27-1] (cc: all counsel) (bap) (Entered: 05/20/2003)

May 20, 2003 PACER
29

UNOPPOSED MOTION by pltfs for dismissal w/prejudice (bap) (Entered: 06/16/2003)

June 13, 2003 RECAP
30

ORDER FOR DISMISSAL by District Judge Bruce D. Black granting pltfs' unopposed motion for dismissal [29-1] does not effect claims in CIV-02-170 BB/WDS dismissing case w/prejudice (cc: all counsel) (bap) Modified on 06/25/2003 (Entered: 06/20/2003)

June 20, 2003 PACER

State / Territory: New Mexico

Case Type(s):

Prison Conditions

Special Collection(s):

Solitary confinement

Key Dates

Filing Date: 2002

Closing Date: 2003

Case Ongoing: No

Plaintiffs

Plaintiff Description:

prisoners confined at the Special Controls Facilities within the New Mexico State penal system

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

New Mexico DOC (Santa Fe), State

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Freedom of speech/association

Cruel and Unusual Punishment

Due Process

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 2003 - 0

Issues

General:

Access to lawyers or judicial system

Assault/abuse by staff

Classification / placement

Disciplinary procedures

Education

Good time

Grievance Procedures

Loss or damage to property

Phone

Recreation / Exercise

Religious programs / policies

Search policies

Solitary confinement/Supermax (conditions or process)

Staff (number, training, qualifications, wages)

Visiting

Discrimination-basis:

Disability (inc. reasonable accommodations)

Affected Gender:

Male

Medical/Mental Health:

Mental health care, general

Type of Facility:

Government-run